In a united front with the Food and Drugs Authority (FDA), the civil society in Ghana is throwing its weight behind the ongoing legal proceedings involving an artiste manager who has challenged the constitutionality of FDA guidelines restricting the involvement of well-known personalities in alcohol advertising.
Led by prominent organizations such as Vision for Alternative Development Ghana and the Ghana NCD Alliance, civil society actors are acknowledging the harmful effects of alcohol advertisements.
Their collective efforts aim to reshape societal norms and advocate for healthier influences on children and young people.
This stance was articulated in a statement issued by Labram M. Musah, the Executive Director of Vision for Alternative Development, Ghana, and the National Coordinator of the Ghana NCD Alliance, dated 15th January 2024.
On November 11, 2022, Mark Darlington Osae, the manager of Reggie ‘N’ Bollie and Skrewfaze, issued a writ at the Supreme Court, describing the FDA’s 2015 regulations against alcoholic advertisement of celebrities as discriminatory against the creative arts industry.
The plaintiff, Mark Darlington Osae, a music publisher at Perfect Note Publishing, is also the Chairman and co-founder of Ghana Music Alliance, a group aimed at streamlining systems, structures and institutions of the creative industry through activism.
The writ indicates that the FDA directive which orders that, “no well-known personality or professional shall be used in alcoholic beverage advertising,” is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution.
He contends that, Articles 17(1) and 17 (2) of the 1992 Constitution guarantee quality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, and consequently null, void, and unenforceable.
Creative industry people including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, had all spoken against the law and had called on powers that be to repeal it, prior to the court action initiated by Mark Darlington.
According to the stakeholders of the culture and creative industries, endorsements or advertisement of alcoholic beverages is one of the very few income streams available to them at present, therefore, any law the restricts their engagement in such activities robs them of their livelihood.
The CSO’s statement highlighted that, since the introduction of the child protection provision in FDA guidelines, some celebrities and entertainment show hosts have opposed it.
This is not the first instance of tension caused by the law within the entertainment industry.
Last year, the “Sugarcane” hitmaker, Camidoh, campaigned for industry unity against the guidelines. However, the statement acknowledges that some celebrities and entertainment commentators support efforts to enhance the quality of life for young people and children.
Ghana, having ratified the UN Convention on Children’s Rights and incorporating it into the Children’s Act under section 5 of the 1992 Constitution, is committed to safeguarding children from all forms of harmful activities, including alcohol exposure.
The Alcohol Guidelines and the National Alcohol Policy are integral parts of government initiatives to shield children from the glamorization and early initiation of alcohol use.
The statement emphasized that celebrities, as role models, should consider the health implications on minors and young people who idolize them, beyond financial gains.
The normalization of alcohol consumption in society, fueled by pervasive advertising and celebrity endorsements, contributes to a culture where drinking is portrayed as commonplace.
The statement pointed to renowned figures like Cristiano Ronaldo, Paul Pogba, and Asamoah Gyan, who abstain from alcohol, as examples of strong moral character worth emulating by the youth.
The World Health Organization (WHO) statistics indicate that harmful alcohol use is a significant contributor to global disease burden and the leading risk factor for premature mortality among those aged 15 to 49.
The statement also drew attention to the severe health implications of alcohol use among the youth, including cognitive impairments, increased risk of various diseases, and negative impacts on academic performance.
Citing Movendi International, it highlighted the link between alcohol consumption, high blood pressure, and cardiovascular diseases.
Quoting a 2023 report on “Alcohol and Blood Pressure,” the statement underscored the association between alcohol, high blood pressure, and cardiovascular diseases. It emphasized the need for policies that protect children and young people, making healthy choices more accessible and countering industry influence through strong partnerships between government and civil society leaders.
The statement concluded by calling on all Ghanaians, including the media, parents, policymakers, civil society actors, and academic institutions, to support stringent measures regulating and limiting children and young people’s exposure to alcohol advertisements and other substances of abuse.
It stressed that such measures would contribute to creating a safer and healthier environment for the growth and development of the next generation.
The protection of present and future generations, the statement asserted, requires collective effort to resist any actions that undermine life-saving measures safeguarding health, moral standards, and societal values.
On April 10, 2024, the Supreme Court will deliver judgment on the case requesting the cancellation of the Food and Drugs Authority’s directive against alcoholic advertisements by celebrities.
The date was fixed by a seven-member panel of the Supreme Court chaired by Chief Justice Gertrude Torkornoo on Wednesday, January 17, 2024.
The Food and Drugs Authority (FDA) in 2015 effected a directive meant to regulate the use of alcohol among Ghanaians. That aspect of their guidelines bars celebrities from advertising for alcoholic beverages.
The Authority had explained that due to the influential nature of these showbiz personalities, alcoholic advertisements they are involved in could push minors into alcoholism.
Representing the plaintiff Mark Darlington Osae was Bobby Banson from the Robert Smith Law Group while the Food and Drugs Authority was represented by Justine Amenuvor.
Also present was Sammy Awuku, the Director General of the National Lottery Authority, a member of the legal team of Mark Darlington.
